Disposed

Ramdeen Kurre v. State of Chhattisgarh

Chhattisgarh HC7 Jul 2023WPC/776/2021

Case brief

AI extract

What is this about?

A writ petition regarding a pending land allotment application was disposed of by allowing the petitioner to submit a fresh application in accordance with the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The Court directed the concerned authority to decide it expeditiously without opining on merits.

What did the court decide?

Petitioner permitted to submit application under the Act of 2006; directed to be considered and decided expeditiously.

Ramdeen Kurre Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2023)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WPC No. 776 of 2021

¶5

Ramdeen Kurre S/o Hemlal Kurre Aged About 61 Years R/o Village Khudubhata Post Bhedwan, Tahsil Sarangarh, District Raigarh Chhattisgarh.

¶6

---- Petitioner

¶7

Versus

¶8

State of Chhattisgarh Through Department of Revenue, Naya Mantralaya, Raipur, District Raipur Chhattisgarh.

¶9

The Sub Divisional Officer (Revenue) Sarangarh, District Raigarh Chhattisgarh.

¶10

The Collector Raigarh, District Raigarh. Chhattisgarh

¶11

The District Forest Officer District Forest Office, Raigarh, District Raigarh Chhattisgarh.

¶12

---- Respondents

¶13

For Petitioner For Respondents

¶14

: Mr. Amit Sharma, Advocate : Mr. Ashutosh Mishra, Panel Lawyer

¶15

SB: Hon'ble Mr. Justice Parth Prateem Sahu Order On Board

¶16

07/07/2023

¶17

Learned counsel for petitioner submits that petitioner is in possession of land bearing Khasra No.298/1 area 03 acres situated in village Khudubhata, District Raigarh. This land is recorded in land record as forest land (NksVs >kM dk taxy). Earlier in the year 1996, petitioner submitted application before respondent No.3 for allotting/settling said land in the name of petitioner, but till date no decision is taken on it. Petitioner is still in possession of the said land and therefore, a direction be issued to respondent No.3 to decide pending application of petitioner within specified time.

¶18

Learned State Counsel would submit that application which is annexed along with writ petition is of 13.2.1996. Meanwhile, the

¶19

¶20

Central Government has enacted the law known as “Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (for short 'the Act of 2006') under which claim for allotment/settlement of land possessed by scheduled tribes and other traditional forest dwellers is to be processed through concerned village panchayat. Petitioner has not placed any material in record indicating that he has submitted any application before the village panchayat concerned and the same is processed in accordance with procedure prescribed under the Act of 2006.

¶21

At this stage, learned counsel for petitioner would submit that petitioner may be permitted to submit an application in accordance with the procedure prescribed under the Act of 2006.

¶22

Heard learned counsel for the parties and perused the documents annexed along with writ petition.

¶23

Considering submissions of learned counsel for both sides; the provisions of the Act of 2006, this writ petition stands disposed of at this stage permitting petitioner to submit appropriate suitable application in accordance with the Act of 2006. If such an application is filed by petitioner, the same shall be considered and decided by concerned authority expeditiously in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of claim of petitioner and it is for the concerned authority to decide the same on its own merits.

¶24

Certified copy as per rules.

¶25

Sd/(Parth Prateem Sahu) Judge

¶26

roshan/-

Ramdeen Kurre v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ramdeen Kurre v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

South Eastern Coalfied Limited Vs Sheikh Shahbaj

Smt. Ramkali Vs State of Chhattisgarh

Kanak Khande Vs State of Chhattisgarh

Smt. Suryakanta Yadav Vs State of Chhattisgarh

Veenu Chaudhary Vs Dr. Alok Shukla

Smt. Ashok Tripathi Vs State of Chhattisgarh